A due process hearing is held in the same way as a trial at the courthouse. The parties present evidence to the Hearing Officer who acts as both judge and jury. The due process hearing is independent of the Texas Education Agency and the TEA may not influence the Hearing Officer’s decision in any way.
A TEA Special Education Due Process Hearing Officer (Hearing Officer) is in charge of the hearing, just like a judge is in charge of a trial. The Hearing Officer does not take the side of either party. The Hearing Officer is independent of the Texas Education Agency. The Hearing Officer runs the hearing, listens to the evidence and arguments of the parties, and writes a Final Decision and Order. The Hearing Officer also may have meetings before the hearing, give written orders, and generally control the hearing.
An attorney is not required to appear at a due process hearing. Parents do not have the right to have an attorney appointed. They may hire an attorney to represent them, but they must pay for the attorney themselves. Hearing Officers do not have the authority to award attorney’s fees to parents if they prevail at a hearing. But if parents do prevail, district judges in state and federal court may award fees based upon the Hearing Officer’s decision. The school district is usually represented by an attorney.
The Hearing Officer will contact parents within 5 business days of the date they asked for a due process hearing. The Hearing Officer will notify the parties of the pre-hearing conference and the hearing schedules soon after the request for due process hearing is received by the Hearing Officer. There is a 30 day resolution period before the 45 day timeline for issuing a final decision begins. A resolution meeting for the parties may be held within fifteen days from the receipt of the request for hearing. The parties have a total of thirty days to seek a resolution of the dispute through the resolution process, informal settlement discussion, or mediation. The 45 day timeline in a case may be extended if parents and/or the district request an extension, and the request is granted by the Hearing Officer.
There are ways to settle or resolve a case by agreement between the parties. Parents may be able to resolve their case by talking with the school district. Settlement talks will be between the parents and the school district. The Hearing Officer will not be involved in any settlement discussions.
Parents have the right to appeal the decision to federal district court or to state district court. All appeals must be made no later than 90 days following the date of the Hearing Officer’s Final Decision. Most parents hire attorneys to present their appeals in state or federal district court. Parents do not have to hire an attorney to represent them in an appeal, but there are some courts that require this.
Child's Status during Proceedings (Stay-put)
During a due process hearing and any court appeals, the student generally must remain in the current educational placement, unless the parent and the school agree otherwise. As stated previously, remaining in a current setting is commonly referred to as stay-put. (If the proceeding involves discipline, see the discipline section for discussion of the student’s placement during discipline disputes.)
If the hearing involves an application for the student to be initially enrolled in public school, the student must be placed (if consent is given) in the public school program until the completion of all the proceedings. If the student is turning 3 and transitioning from an Early Childhood Intervention(ECI) program, stay-put is not the ECI services. If the student qualifies for special education services and the parent consents, the services that are not in dispute will be provided.
Resolution Period
Before the Hearing
At least 5 business days before the due process hearing, the parent and the school must disclose to each other any evidence that will be introduced at the hearing. Either party may contest the introduction of any evidence that has not been shared on time. The hearing officer may prohibit the introduction of evidence including evaluations and recommendations not disclosed within the timelines.
The parent has the right to bring and be advised by his or her attorney and by people with special knowledge or training regarding children with disabilities. The parent has the right to present evidence, confront, cross-examine, and compel the attendance of witnesses. The parent has the right to bring the student and to open the hearing to the public. The parent has the right to have each session of the hearing conducted at a time and place that is reasonably convenient to him or her and the student. The parent has the right to obtain a written or electronic verbatim record of the hearing and obtain written or electronic findings of fact and decisions at no cost.
During the Hearing
The Decision
The hearing officer’s decision must be made on substantive grounds based upon a determination of whether the student received a Free Appropriate Public Education (FAPE). If the parent complains about a procedural error, the hearing officer may only find that the student did not receive a FAPE if the error: (a) impeded the student’s right to a FAPE, (b) deprived the student of educational benefits, or (c) significantly interfered with the parent’s opportunity to participate in the decision-making process regarding a FAPE the student.
The TEA must ensure that a final hearing decision is reached and mailed to the parties within 45 calendar days after the expiration of the 30-day resolution period. The hearing officer may grant a specific extension for a good reason at the request of either party. The decision of the hearing officer is final, unless a party to the hearing appeals the decision to state or federal court. The hearing officer’s decision will be posted on the TEA’s website after all personally identifiable information about the student has been removed. The school must implement the hearing officer’s decision within 10 school days even if the school appeals the decision except that any reimbursements can be withheld until the appeal is resolved.
What's Required
What We Do
A due process hearing is held in the same way as a trial at the courthouse. The parties present evidence to the Hearing Officer who acts as both judge and jury. The due process hearing is independent of the Texas Education Agency and the TEA may not influence the Hearing Officer’s decision in any way.
A TEA Special Education Due Process Hearing Officer (Hearing Officer) is in charge of the hearing, just like a judge is in charge of a trial. The Hearing Officer does not take the side of either party. The Hearing Officer is independent of the Texas Education Agency. The Hearing Officer runs the hearing, listens to the evidence and arguments of the parties, and writes a Final Decision and Order. The Hearing Officer also may have meetings before the hearing, give written orders, and generally control the hearing.
An attorney is not required to appear at a due process hearing. Parents do not have the right to have an attorney appointed. They may hire an attorney to represent them, but they must pay for the attorney themselves. Hearing Officers do not have the authority to award attorney’s fees to parents if they prevail at a hearing. But if parents do prevail, district judges in state and federal court may award fees based upon the Hearing Officer’s decision. The school district is usually represented by an attorney.
The Hearing Officer will contact parents within 5 business days of the date they asked for a due process hearing. The Hearing Officer will notify the parties of the pre-hearing conference and the hearing schedules soon after the request for due process hearing is received by the Hearing Officer. There is a 30 day resolution period before the 45 day timeline for issuing a final decision begins. A resolution meeting for the parties may be held within fifteen days from the receipt of the request for hearing. The parties have a total of thirty days to seek a resolution of the dispute through the resolution process, informal settlement discussion, or mediation. The 45 day timeline in a case may be extended if parents and/or the district request an extension, and the request is granted by the Hearing Officer.
There are ways to settle or resolve a case by agreement between the parties. Parents may be able to resolve their case by talking with the school district. Settlement talks will be between the parents and the school district. The Hearing Officer will not be involved in any settlement discussions.
Parents have the right to appeal the decision to federal district court or to state district court. All appeals must be made no later than 90 days following the date of the Hearing Officer’s Final Decision. Most parents hire attorneys to present their appeals in state or federal district court. Parents do not have to hire an attorney to represent them in an appeal, but there are some courts that require this.
Child's Status during Proceedings (Stay-put)
During a due process hearing and any court appeals, the student generally must remain in the current educational placement, unless the parent and the school agree otherwise. As stated previously, remaining in a current setting is commonly referred to as stay-put. (If the proceeding involves discipline, see the discipline section for discussion of the student’s placement during discipline disputes.)If the hearing involves an application for the student to be initially enrolled in public school, the student must be placed (if consent is given) in the public school program until the completion of all the proceedings. If the student is turning 3 and transitioning from an Early Childhood Intervention(ECI) program, stay-put is not the ECI services. If the student qualifies for special education services and the parent consents, the services that are not in dispute will be provided.
Resolution Period
Before the Hearing
During the Hearing
The Decision
The hearing officer’s decision must be made on substantive grounds based upon a determination of whether the student received a Free Appropriate Public Education (FAPE). If the parent complains about a procedural error, the hearing officer may only find that the student did not receive a FAPE if the error: (a) impeded the student’s right to a FAPE, (b) deprived the student of educational benefits, or (c) significantly interfered with the parent’s opportunity to participate in the decision-making process regarding a FAPE the student.The TEA must ensure that a final hearing decision is reached and mailed to the parties within 45 calendar days after the expiration of the 30-day resolution period. The hearing officer may grant a specific extension for a good reason at the request of either party. The decision of the hearing officer is final, unless a party to the hearing appeals the decision to state or federal court. The hearing officer’s decision will be posted on the TEA’s website after all personally identifiable information about the student has been removed. The school must implement the hearing officer’s decision within 10 school days even if the school appeals the decision except that any reimbursements can be withheld until the appeal is resolved.
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